MUHAMMAD ASHRAF ASGHAR vs MEMBER (REVENUE), BOARD OF REVENUE, PUNJAB and others
This matter arises from a petition for leave to appeal filed by Muhammad Ashraf Asghar, a Tehsildar and Land Acquisition Collector, challenging the order of the Punjab Service Tribunal dated 15-6-1981, which had dismissed his service appeal. The core legal question before the Supreme Court was whether the Service Tribunal committed any legal error in upholding the service decision concerning the petitioner's confirmation status, particularly in light of a letter dated 13-5-1978 from the Secretary, Board of Revenue Punjab, indicating that he was not yet matured for confirmation. The Supreme Court held that no satisfactory explanation could be offered by the petitioner's counsel to counter the contents of the said letter, and finding no legal error in the impugned judgment of the Tribunal, the Court refused to grant leave to appeal. The petition was accordingly dismissed.
- Whether the Supreme Court will grant leave to appeal against an order of the Service Tribunal in the absence of any legal error?
- Does a government servant have an enforceable right to confirmation when considered not yet matured for confirmation?
ORDER
1. ' GHULAM MUJADDID, J.--Muhammad Ashraf Asghar, Tehsildar, Land Acquisition Collector, Wapda Scarps, Construction Circle, Faisalabad, seeks leave to appeal against the order of the Punjab Service Tribunal dated 15-61981 whereby his appeal was dismissed by the Tribunal.
2. ' We heard learned counsel for the petitioner at some length, then called upon him to address us with regard to letter of the Secretary, Board of Revenue Punjab, Lahore, dated 13-5-1978 wherein it is mentioned that "Mr.Muhammad Ashraf Asghar has been repatriated to the Punjab Province. Had he been here he would have been confirmed as Tchsildar on his turn. He is still not matured for confirmation." Learned counsel could not give any satisfactory reply.
3. In the absence of any legal error in the judgment of the Tribunal, we don't think it is a fit case for leave to appeal. Petition is accordingly dismissed.